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Judge Denies Hauser Family Request To Take Back Control Of Son's Cancer Treatments
Tuesday, 23-Jun-2009 8:34PM AP / Jeremy Olson, Pioneer Press, St. Paul, Minn.
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Saint Paul Pioneer Press (St. Paul, Minn.) Jun. 23--A Brown County judge ruled Tuesday against a request by the Hauser family to regain independent control over their son's cancer treatment after learning that court-ordered chemotherapy is helping the boy.

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District Judge John Rodenberg commended the family for complying with the court's order for chemotherapy -- despite their fears and objections to the treatment -- but said the court should remain involved in the decisions over Daniel Hauser's care.

"It was less than a month ago", the judge said, "that we were looking for Mrs. Hauser and Daniel" who had fled from their Sleepy Eye home to California to avoid the court-ordered chemotherapy and to search for alternative remedies.

A new attorney for Daniel's parents, Anthony and Colleen Hauser, argued the couple had complied with the court's orders. Brown County Attorney James Olson countered that they have complied because the court is a "hammer over their heads" and that they might decide to again refuse chemo for Daniel if the court was no longer involved.

Daniel is scheduled Wednesday morning for his next chemotherapy treatment for his cancer -- a form of non-Hodgkin's lymphoma -- at Children's Hospital in Minneapolis.

After the hearing, the Hausers' attorney Barbara Gislason acknowledged that it would have been suprising had the judge closed the case and returned all control over Daniel's cancer care to his parents. The Hausers were concerned about proceeding with chemotherapy

because they noticed discrepancies in Daniel's blood levels between a lab report and comments from a Children's nurse.

"It's fair to say that each time he gets chemotherapy", Gislason said, "they are afraid he will die right that day from the chemotherapy."

Gislason said the Hausers are worried about the chemotherapy and believe that it killed one of Daniel's aunts during her cancer treatment several years ago.

Daniel's attorney, Philip Elbert, told the court that Daniel has lost weight and suffered side effects from the chemotherapy. He has received alternative therapies and herbal remedies that his parents favor, along with acupuncture to reduce the chemotherapy-induced nausea.

Early X-rays showed the cancer tumor in Daniel's chest to be black, Elbert said. Now Daniel has had a chance to see an X-ray of the tumor after chemo treatments.

"As of today, it's white, it's clear and he's able to see through it", Elbert said.

Daniel nonetheless remains resistant to chemotherapy, the attorney said, but will continue treatments if he has to. Doctors have argued that Daniel needs the treatment to save his life. When the family had refused further chemo for Daniel earlier this year, his oncologist filed a medical neglect petition.

The court agreed with the petition after a trial last month and required the chemotherapy.

Jeremy Olson can be reached at 651-228-5583.


To see more of the Pioneer Press, or to subscribe to the newspaper, go to http://www.twincities.com.

Copyright (c) 2009, Pioneer Press, St. Paul, Minn.

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